N.D.Cal.: Spending the night as a guest two days ago doesn’t give standing on the day of the search

Spending the night as a guest two days ago doesn’t give standing on the day of the search. Defendant left stuff there. United States v. Arzate, 2014 U.S. Dist. LEXIS 40482 (N.D. Ga. March 11, 2014):

Given that Defendant had not spent the night at the apartment even on the day before the search and only stored a few items in the apartment, Defendant’s purported tenuous connection with the apartment does not evoke the concerns espoused in Minnesota v. Olson, supra, and does not give rise to a reasonable expectation of privacy in the apartment two days later. Unlike the defendant in Minnesota v. Olson, supra, Defendant was not seeking shelter in an undisturbed location on the day of the search, but at best, was a mere visitor who had left prior to the time the search occurred. Important to the inquiry of whether the defendant’s expectation of privacy is reasonable is whether the defendant has demonstrated a significant and current interest in the property at the time it was searched. United States v. Bushay, 859 F. Supp. 2d 1335, 1349-50 (N.D. Ga. 2012), citing United States v. Garcia, 741 F.2d 363, 366 (11th Cir. 1984) (holding that mere presence in an apartment is not sufficient to confer standing and that occupant who was not the owner or lessee of the apartment must demonstrate a significant and current interest in the searched premises in order to establish an expectation of privacy); ….